Terms & Conditions
These Terms and Conditions of Service (“Terms and Conditions”) govern your use of services provided by The Land Method, LLC, a North Carolina limited liability company (“The Land Method”), including without limitation, The Land Method’s main website (“Website”) or any other websites owned or operated by The Land Method, mobile or web applications, online learning forums or videos, or other digital products that link to or reference these Terms and Conditions (collectively, the “Services”). These Terms and Conditions are a binding legal agreement between you (“you”) and The Land Method. In these Terms and Conditions, “you” and “your” refer to you, a user of the Services. A “user” is you or anyone who accesses, browses, or in any way uses the Site or the Services.
Please be aware that these Terms and Conditions include, among other things, a binding arbitration provision that requires you to submit to binding and final arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Please read these Terms and Conditions carefully, as they may have changed. Though your access and use of the Services is governed by the Terms and Conditions effective at the time, please note that we may revise and update these Terms and Conditions from time to time in our discretion. If we make material changes to these Terms and Conditions, we will notify you by email or by posting a notice on our website prior to the effective date of the changes. These Terms and Conditions are to ensure that you will use the Services only in the ways in which we intend for it to be used.
By accessing or using the Services: you acknowledge that you’ve read, understand, and accept these Terms and Conditions and any additional documents or policies referred to in or incorporated into these Terms and Conditions, whether you are participating as a guest or as a registered user. If these Terms and Conditions have materially changed since you last accessed or used the Services, you acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms and Conditions; and you consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.
- “Account” means a current and validly existing account with The Land Method for use of any Services or Products;
- “Course” means an online course provided or made available by The Land Method for use through an Account;
- “Course Materials” means the videos, audio or other electronic files, workbooks, documents and other materials and resources provided or made available by The Land Method in respect of a Course;
- “Products” means the Courses, Course Materials and other products and services that The Land Method may provide or make available from time to time for use through an Account pursuant to these Terms and Conditions; and
- “Representatives” means directors, officers, employees, contract workers, agents and other personnel and representatives.
Permitted Users and Use
- Permitted Users: You may not register for an Account or submit an order for any Product if you are under the age of majority in the jurisdiction in which you reside or if you cannot form a legally binding contract. If you are under the age of majority, then your parent or legal guardian may register an Account on your behalf and submit orders for Products on your behalf. You may not register for an Account or submit an order for any Product if you do not accept these Terms and Conditions, if you breach these Terms and Conditions, if you are located in a jurisdiction where access to or use of a Product or the Website is prohibited by law, or if The Land Method has prohibited you from registering for an Account or ordering a Product. Notwithstanding the foregoing or any other provision of these Terms and Conditions, The Land Method reserves the right in its discretion and for its sole convenience to refuse to provide Products to you or any other person.
- Permitted Use of Accounts and Products: Subject to these Terms and Conditions and all applicable laws, you may only use an Account and Products for your own lawful, personal, non-commercial purposes, in the manner permitted by these Terms and Conditions and subject to applicable laws. Use of an Account or Product for any other purpose or in any other manner is strictly prohibited.
- General Restrictions/Prohibitions: Without limiting the generality of Section 2(B), you will not: (i) use your Account or any Product in a way that interferes with or threatens, damages, disrupts, compromises or degrades the integrity, functionality, operation, performance or security of your Account or the Products or The Land Method’s systems or data, or to attempt to gain unauthorized access to The Land Method’s systems or data; (ii) index, crawl, catalogue, mirror, frame, scrape, cache or otherwise collect or mine any data from your Account or any Product for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers or other automatic devices, programs or methodologies) whatsoever; (iii) license, sublicense, grant, sell, share, transfer, assign, pledge, publish, teach, transmit, publicly display or perform, distribute, create any interest in, or otherwise give or make available or permit the use of your Account or any Product to or for the benefit of any other person; (iv) alter, attempt to circumvent, destroy, obscure, conceal, modify or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, security or control measures, or agreements on, in or in relation to your Account or any Product; (v) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of your Account or any Product or attempt to access or use your Account or any Product or The Land Method’s systems or data by any means that is not purposely made available to you by The Land Method; (f) copy any ideas, features or functions of your Account or any Product or create a product or service using the ideas, features or functions of your Account or any Product; or (g) permit, assist or encourage any other person to do any of the foregoing in this Section 2(C).
- Accurate Information: To create an Account or to order a Product, The Land Method may require that you provide certain information about yourself (including your legal name, residential address, email address, and/or other contact information) and payment information. You represent and warrant that all information you provide to The Land Method is true, accurate, current and complete, and that you will update the information from time to time so that it remains true, accurate, current and complete. The Land Method will rely on the information that you provide. The Land Method is not under any obligation to verify the truth, accuracy, currency or completeness of any information you provide, but The Land Method may do so in its discretion, and you hereby consent to The Land Method making reasonable inquiries as The Land Method considers appropriate to verify the information you provide. You hereby authorize The Land Method to create and permanently retain records of all information that you provide to The Land Method and all communications between you and The Land Method and to use, retain and disclose that information as reasonably necessary to provide Products and to otherwise perform The Land Method’s obligations and exercise The Land Method’s rights under these Terms and Conditions. You are solely responsible and liable for all losses, damages and expenses that you, The Land Method or any other person may suffer or incur as a result of your submission of any false, inaccurate, out of date or incomplete information, your failure to promptly update your information if it changes, or any other breach of your obligations under this Section 3.
- Communications: You authorize The Land Method to: (i) accept communications it receives from you by means of the Website or email as if those communications had been given directly by you in writing and signed by you; (ii) disclose your communications to The Land Method’s affiliates and services providers; and (iii) respond to your communications through the Website, by email or other means of communication as The Land Method considers appropriate. Communications that you send to The Land Method are not effective unless and until they are processed by the responsible The Land Method representative. The Land Method may refuse to process communications that you send to The Land Method, or may reverse the processing of any communications that you send to The Land Method, at any time in The Land Method’s discretion and without any notice or liability to you or any other person, including if The Land Method believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
- Misprints/Errors: The Land Method endeavors to provide current and accurate information on the Website, but misprints, errors, inaccuracies, omissions (including incorrect details for a Product) and other errors may sometimes occur. The Land Method reserves the right to correct any misprint, error, inaccuracy or omission at any time without prior notice or liability to you or any other person, and change at any time the Products advertised on the Website, the prices, fees, charges and specifications of those Products and any other Website content, all without any notice or liability to you or any other person. If you submit an order for a Product for which incorrect information was displayed on the Website, The Land Method will provide you with a reasonable opportunity to cancel your order.
- Availability: Products or Services advertised on the Website may not be available when ordered or thereafter. If you order a Product or Service that is not available, The Land Method will notify you by email. The Land Method reserves the right in its discretion to refuse to accept or cancel any order you submit and to limit quantities available for sale or sold to you.
- Prices: All prices and other amounts appearing on the Website are quoted in US dollars, unless expressly indicated otherwise. The Land Method reserves the right to change prices advertised on the Website at any time. The total price of your order will include the price of the ordered Products plus all applicable delivery charges, handling charges and taxes. The price and applicable taxes and charges will appear on the completed order form, and will be charged to your specified payment service when your order is accepted by The Land Method or as otherwise set out in your order.
- Orders: The advertisements on the Website are invitations to make offers to purchase Products and are not offers to sell. Your properly completed and delivered order constitutes your offer to purchase the Products referenced in the order. Your order will be deemed accepted by The Land Method when The Land Method processes payment for your order or sends (by email) an order acceptance notice to you, whichever is sooner.
- Order Cancellation: Because The Land Method strives to complete orders for Products quickly, you may not cancel an order for a Product except in accordance with The Land Method’s refund policy, below, as amended by The Land Method from time to time.
- Refund Policy: It is important to us that you are happy with your learning experience. If you are not satisfied with a Product, you may contact The Land Method at email@example.com to request a refund for up to 30 days after the date on which you purchased the Product. After the first 30 days, Products are non-refundable. If purchased during a promotion for 20% or more off the original price, product is non-refundable. We recommend contacting us for assistance if you experience any issues receiving or downloading products.
- Payment: You may pay for your purchases with the payment methods specified on the Website. The Land Method or its service providers will obtain payment pre-approval from your payment service when your order is processed. The purchase payment will be charged to your payment service if and when your order is processed or as otherwise set out in your order. Except as expressly set forth in these Terms and Conditions or otherwise required by applicable law, pre-paid fees are not refundable under any circumstances.
- Delivery: The Land Method will deliver Products to you electronically, as specified in your applicable accepted order.
Intellectual Property Rights
- Ownership: Except for the limited license expressly set out in Section 5(B) below, (i) as between the parties, The Land Method will at all times solely own and retain all rights, title and interest to all intellectual property rights throughout the world in, to and associated with the Products and Services; and (b) neither you nor any other person will acquire any right, title or interest in, to or associated with any Product or Service.
- License: Subject to the provisions of these Terms and Conditions and your payment of all applicable fees, The Land Method hereby grants you a non-exclusive, personal, non-sublicensable, non-transferable, restricted and limited license to access and use each Course Material made available to you in accordance with the restrictions and requirements set forth and referenced in these Terms and Conditions. You may use Course Materials solely for your personal participation in a Course and not for any other purpose whatsoever. Unauthorized use of Course Materials is strictly prohibited.
- Trademarks: The Land Method, LLC, The Land Method’s logo and other related trademarks and symbols are registered or unregistered trademarks, service marks and trade names owned or licensed by The Land Method. Any unauthorized use of those trademarks is strictly prohibited, and nothing on the Website or in these Terms and Conditions will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of those trademarks and service marks.
- Reservation: All rights not expressly granted by these Terms and Conditions are reserved by The Land Method.
- User Content: In these Terms and Conditions: (i) “Content” means text (including notes, questions, comments and reviews), information, graphics, photographs, images, audio, video, and other materials and forms of data or communication, and includes Templates; (ii) “Template” means a business template distributed through or otherwise made available on the Website; and (iii) “User Content” means Content (including Templates) posted, submitted, contributed, transmitted or provided by you to the Website, including any discussion forums or other The Land Method functionalities generally made available to you.
- Acknowledgement: You acknowledge that User Content may be made available to other users of Products or publicly available on the Website, and that User Content might be copied, disclosed, shared or otherwise made available to other persons. The Land Method has no responsibility or liability for or control over the use of User Content by other users of Products or the Website or any other person.
- Responsibility/Compliance: Without limiting the generality of any other provision of these Terms and Conditions, you are solely responsible and liable for User Content. You will ensure that User Content: (i) complies with all applicable laws and community standards (including the laws of the jurisdiction in which you are located); (ii) does not infringe, violate or misappropriate the rights of any person; and (iii) does not contain, reference or distribute any information, messages, images or other materials that are abusive, contain nudity, deceptive, defamatory, derogatory, discriminatory, false, fraudulent, harassing, harmful, hateful, indecent, objectionable, obscene, offensive, pornographic, profane, racist, sexist, sexually explicit, threatening, violent, vulgar or otherwise objectionable, or which depict, encourage or tend to incite any unlawful activities. The Land Method is not obligated to screen or verify User Content, and does not guarantee the accuracy, veracity or completeness of any User Content. You are solely responsible and liable for your selection and use of User Content shared by other users and your interactions with other users. The Land Method may remove User Content at any time and for any reason without notice or liability to you or any other person.
- Content License/Waiver: You hereby grant and agree to grant The Land Method and its affiliates, suppliers, service providers and licensees a non-exclusive, world-wide, unrestricted, transferable, sublicensable, royalty-free, fully paid-up, perpetual, irrevocable right and license to use and exploit (including access, view, store, copy, reproduce, combine with other works, distribute, transmit, display and perform) User Content in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties. You hereby grant to each other user of Products and the Website a non-exclusive, non-sublicensable, non-transferable, restricted and limited license to use User Content made available by you for the sole purpose of the user’s lawful, internal business purposes. You hereby unconditionally and irrevocably waive and agree to waive in favor of The Land Method and its affiliates, suppliers, service providers and licensees and all other users all moral rights and rights of authorship and attribution that you have or may have in, to or associated with User Content (the “Content License/Waiver”).
- Representation/Warranty: You represent and warrant to The Land Method and all other users of Products and the Website that: (i) you own User Content or otherwise have all requisite rights, licenses, permissions, consents, powers, authorizations, approvals and waivers to use User Content and grant the Content License/Waiver; (ii) the creation, possession and use of User Content does not and will not violate or infringe the rights (including intellectual property, privacy and personality rights) of any other person, breach any duty or obligation (contractual or otherwise) owed by you to any other person, or violate any applicable laws; and (iii) to the best of your knowledge, the information contained in User Content is true, accurate, current and complete. If you become aware that any information in User Content is untrue, inaccurate or incomplete, you will promptly contact The Land Method.
- Review/Removal and Deletion: The Land Method is not obligated to monitor, review, screen, police, edit or remove User Content, although The Land Method reserves the right to do so in its discretion and without any notice or liability to you or any other person. The Land Method reserves the right to refuse to post or to remove any User Content, in whole or in part, that The Land Method in its discretion considers to be unacceptable, undesirable or in violation of these Terms and Conditions, without any notice or liability to you or any other person. You acknowledge that you may not be able to remove User Content from the Website and copies of User Content might continue to exist and be accessible by other persons through the Website or otherwise (including by persons who have previously downloaded, copied, received or otherwise obtained User Content). The Land Method is not responsible or liable for any removal or deletion of User Content.
- Authorization/Consent: You acknowledge that The Land Method may in its sole discretion report any information regarding unlawful conduct, including information regarding unlawful conduct contained in User Content, to applicable law enforcement agencies at any time without any notice or liability to you or any other person.
- Retention by The Land Method: For greater certainty, and notwithstanding the foregoing in this Section 6 or any other provision of these Terms and Conditions, The Land Method may include copies of User Content in The Land Method’s archives and back-up systems and may permanently retain copies of User Content for legal compliance and administrative purposes.
- Third Party Content: You acknowledge that Content may be submitted, posted, displayed, transmitted or provided to or through the Website by other users (whether to other users of Products or publicly available on the Website) (“Third Party Content”). The Land Method does not guarantee the accuracy, veracity or completeness of any Third Party Content. The Land Method has no responsibility or liability for or control over the conduct of other users of Products or the Website or any Third Party Content. You are solely responsible for your selection and use of Third Party Content, and you access and use Third Party Content entirely at your own risk. You will not make any claim against The Land Method arising from, connected with, or relating to your use of any Third Party Content.
- Credentials: You must use a valid user name and password for your Account that complies with The Land Method’s technical requirements and policies (collectively “Credentials”).
- Restrictions/Requirements: You may have only one (1) Account. Except as expressly set forth in Section 7(F): (i) you may not create an Account for any other person; and (ii) your Account and Credentials are personal to you and may not be shared with or used by any other person. You are fully responsible and liable for maintaining the confidentiality of your Account and Credentials and for any and all use and misuse of your Account and Credentials (including all transactions using your Account or Credentials) and for any resulting loss and/or damage.
- Notices: You will immediately notify The Land Method if you discover any unauthorized use of your Account or if you know or suspect that your Credentials have been lost or stolen or become known to or used by any other person.
- Reliance/Verification: The Land Method may act upon any communication that is given through your Account or by using your Credentials. The Land Method is not under any obligation to verify the actual identity or authority of any person using your Account or Credentials, but The Land Method in its discretion may at any time require verification of the identity of any person seeking to access your Account and may deny access to and use of your Account if The Land Method is not satisfied with the verification.
- Cancellation/Suspension/Termination: The Land Method in its discretion may cancel or suspend your Account or reject, revoke or require that you change or renew your Credentials at any time without notice or liability to you or any other person, including if your Account is inactive. If your Account is suspended, cancelled or terminated by The Land Method, you may not create another Account without The Land Method’s express prior written consent.
Courses and Course Materials
- Course Registration: Your registration for a Course or bundle of Courses is specific to the particular Course or bundle of Courses for which you have registered. You may not cancel your registration for a Course or change the Course specified in your registration, except in accordance with The Land Method’s refund policy, as discussed in Section 4(G) above.
- Changes to Courses and Course Materials: Notwithstanding any other provision of these Terms and Conditions, The Land Method may at any time cancel or otherwise make unavailable or modify any Course or any Course Material.
- No Certification: Unless otherwise explicitly stated by a credit-granting institution, participation in or completion of a Course or a bundle of Courses does not confer any academic or continuing education credit or any other designation or certification on you.
- Consequences of Breach/Misconduct: Notwithstanding any other provision of these Terms and Conditions, if you breach these Terms and Conditions then, in addition to all other lawful remedies, The Land Method may in its discretion: (i) cancel your registration for any and all pending Courses; (ii) refuse to accept your registration for any future Courses; (iii) refuse to give you a refund of fees paid for Courses; and/or (iv) invalidate your completion of a Course.
- General Representations/Warranties: You represent and warrant to The Land Method that you have the right, power, capacity and authority to lawfully enter into these Terms and Conditions and lawfully perform your obligations and exercise your rights under these Terms and Conditions.
- Technical Requirements: You are solely responsible and liable for obtaining, provisioning, configuring, maintaining, paying for, and protecting from loss and damage, all equipment (including mobile computing devices and personal computers), software and services (including Internet access) necessary for your use of your Account and Products (including transmission of data to and from The Land Method).
- Notifications: You will promptly notify The Land Method if you know of or suspect any unauthorized access to or use of a Product, and on request by The Land Method you will cooperate with and assist The Land Method to investigate and respond to the unauthorized access or use (as applicable).
Disclaimers, Liability Exclusions/Limitations and Indemnity
- General Disclaimer: You are solely responsible for the use of your Account and the selection and use of Products to achieve your intended results, and you use your Account and Products at your own risk. To the fullest extent permitted by applicable law, Accounts and Products are provided “as is”, “as available” and “with all faults”, and without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees of or relating to: accuracy, accessibility, availability, completeness, durability, errors, fitness for a particular purpose, merchantability, non-infringement, lack of viruses or other disabling or harmful code, performance, quality, results, suitability, security, timeliness, title, truthfulness, quiet enjoyment, uninterrupted service or workmanlike effort; all of which are hereby waived by you and disclaimed by The Land Method to the fullest extent permitted by applicable law. Without limiting the foregoing, The Land Method does not represent or warrant that any Product will meet your requirements. No oral or written information or advice given by or on behalf of The Land Method will create any legally binding or effective representation, warranty, condition or promise.
- Earning Disclaimer: The Land Method cannot and will not guarantee you will make money or get results with The Land Method’s strategies, ideas, courses, information, etc. The results shown are atypical and represent students that are very active in the business. Therefore, the figures shown should not be considered as guarantees or projections of your actual profit or earnings. This is not a “get rich quick” program. As stipulated by law, The Land Method cannot and does not make any guarantees about your ability to get results or earn any money with The Land Method’s strategies, tools or information. These are the strategies, techniques, information, etc. that are utilized by The Land Method. These are being shared with you, but you will need to put in the time, effort and work to see results. In order to be successful in this business you need to be consistent, take action, and continue to move forward in the face of the inevitable road blocks you will face.
- Liability Exclusions/Limitations: Notwithstanding any other provision of these Terms and Conditions, and to the fullest extent permitted by applicable law: (i) in no event and under no circumstances will The Land Method be liable to you or any other person for any personal injury, emotional distress or any damage or loss (including direct, indirect, incidental, consequential, special, punitive or exemplary damage or loss, loss of profit, loss of revenue, loss of data or information, loss of use, loss of privacy, loss of business, loss of opportunity, loss of productivity or any other commercial damage or loss) arising from, connected with or relating to Accounts or Products (including your use or inability to use your Account or Products) or any related matter; and (ii) if notwithstanding the foregoing, or any other provision of these Terms and Conditions, The Land Group is liable to you or any other person, then in no event and under no circumstances will The Land Method’s total aggregate liability arising from, connected with, or relating to Accounts or Products or any related matter ever exceed the lesser of: (a) the fees that you actually paid to The Land Method during the three (3) months immediately before the date on which the liability arose; or (b) $500.00. This Section 11(B) applies to loss and damage however caused and to liability under any theory (including contract, tort, statute and strict liability), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by The Land Method or any person for whom The Land Method is responsible, even if other remedies are not available or do not adequately compensate you or any other person for the loss or damage or the stated remedy fails of its essential purpose, or The Land Method knew or should have known of the possibility of the loss or damage being incurred.
- Indemnity: You will defend, indemnify and hold harmless The Land Method from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including legal fees and expenses and settlement payments) arising form, connected with or relating to your use of an Account or Products or your negligence, misconduct or breach of these Terms and Conditions. Notwithstanding the foregoing, The Land Method retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of their own selection at their sole cost and expense.
- Suspension: The Land Method in its discretion may immediately suspend or restrict your Account and your permission to order Products at any time without notice or liability to you or any other person.
- Termination: These Terms and Conditions as they apply to you are effective unless and until terminated as set forth in this Section 12(B). You may terminate these Terms and Conditions as they apply to you by permanently closing/deactivating your Account. The Land Method in its discretion may for its sole convenience terminate these Terms and Conditions at any time by giving a notice of termination to you or by permanently closing/deactivating your Account.
- Consequences of Termination: Notwithstanding any other provision of these Terms and Conditions, the obligations and liabilities you incur prior to termination of these Terms and Conditions will survive termination, and Sections 2, 3, 4, 5, 6, 7(E), 8, 10, 11(C), and 12 of these Terms and Conditions (and all other provisions of these Terms and Conditions necessary to their interpretation or enforcement) will survive termination and continue to apply and be binding upon you and The Land Method.
- Entire Agreement: These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements (whether written or oral and whether express or implied) between the parties to the extent related to such subject matter.
- Force Majeure: Notwithstanding any other provision of these Terms and Conditions, The Land Method will not be liable for any delay in performing, or failure to perform, any of its obligations under these Terms and Conditions to the extent performance is delayed or prevented due to any cause or causes that are beyond The Land Method’s control. Any delay or failure of that kind will not be a breach of these Terms and Conditions by The Land Method, and the time for The Land Method’s performance of the affected obligation will be extended by a period that is reasonable in the circumstances.
- Successors and Assigns: These Terms and Conditions will be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, executors, and/or personal representatives. You may not assign, delegate or otherwise transfer any of your rights, interests or obligations under these Terms and Conditions without the prior written consent of The Land Method.
- Amendments and Waivers: No amendment by you of any provision of these Terms and Conditions will be valid unless the amendment is in writing and signed by The Land Method. No waiver by The Land Method of any provision of these Terms and Conditions will be valid unless the waiver is in writing and signed by The Land Method. The failure of The Land Method at any time to require performance of any provision of these Terms and Conditions will not affect The Land Method’s rights at a later time to enforce such provision. No waiver by The Land Method of any breach of these Terms and Conditions will be deemed to extend to any other breach hereunder or affect in any way any rights arising by virtue of any other breach.
- Cumulative Remedies: The Land Method’s rights and remedies under these Terms and Conditions are cumulative and not exhaustive or exclusive of any other rights or remedies to which The Land Method may be lawfully entitled under these Terms and Conditions or at law, and The Land Method will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively.
- Severability: Each provision of these Terms and Conditions is severable from every other provision of these Terms and Conditions. Any provision of these Terms and Conditions that is determined by any court of competent jurisdiction to be invalid or unenforceable will not affect the validity or enforceability of any other provision. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
- Construction: The section headings in these Terms and Conditions are inserted for convenience only and are not intended to affect the interpretation of the Terms and Conditions. Any reference in these Terms and Conditions to any “Section” refers to the corresponding section of these Terms and Conditions. These Terms and Conditions will be construed as if drafted jointly by you and The Land Group and no presumption or burden of proof will arise favoring or disfavoring you or The Land Group by virtue of the authorship of any provision in these Terms and Conditions. All words in these Terms and Conditions will be construed to be of such gender or number as the circumstances require.
- Choice of Law; Arbitration: These Terms and Conditions, including all exhibits, schedules, attachments and appendices attached thereto, and all matters arising out of or relating to these Terms and Conditions, are governed by, and construed in accordance with, the laws of the State of North Carolina, United States of America, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of North Carolina. All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “Rules”) by a sole arbitrator appointed in accordance with the Rules. The seat, or legal place, of arbitration shall be Charlotte, North Carolina. The language to be used in the arbitral proceedings shall be English.
- Waiver of Jury Trial: EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS AND CONDITIONS, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED THERETO, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, OR APPENDICES ATTACHED THERETO, OR THE TRANSACTIONS CONTEMPLATED HEREBY.